BONDY, District Judge.
This is a suit for infringement of claim 1 of the Burt patent, 1,470,524, dated October 9, 1923, and claims 1 to 5 inclusive of the Epperson patent, 1,505,592, dated August 19, 1924.
Defendant's counsel admitted during the trial that, if the patents are valid, they were infringed by the defendant.
Claim 1 of the Burt patent covers: "The process of making a frozen confection which consists in bringing a handle member in contact...
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